THE FUNDAMENTAL RIGHT TO HOUSING IN THE SUSTAINABLE DEVELOPMENT PARADIGM:

FOCUSING ON LAW Nº 13.465/2017 AND PERMANENT PRESERVATION AREAS

Abstract

This research proposes an analysis of the efectiveness and utility of Law nº 13.465/2017 to implement the fundamental right to housing in the sustainable development paradigm. Therefore, at frst, the defnition of the right to housing is presented based on the constitutional text and international law, contextualizing in general lines the complex Brazilian housing situation. With these foundation, this study discusses the legal concept, characteristics and types of urban land regularization, as well as the procedural nuances that guide the institute. Likewise, it examines the specialties of its incidence on informal housing located in areas of permanent preservation and whether it is possible, in this bias, to reconcile the fundamental rights to housing and an ecologically balanced environment. Ultimately, this study reveals that urban land regularization is a skillful mechanism to ensure the right to decent housing in the paradigm of sustainable development, providing compliance with the objectives outlined by the Federal Constitution and international regulations. The method used in the present research was the inductive one, through bibliographic research techniques in specialized authors, pertinent legislation and articles for the development of the theme.